D C M LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India seeks a writ of certiorari to quash the decision of the Lt. Governor, Delhi communicated in the letter dated April 15, 1985 rejecting the petitioner's application dated March 27,1985 and refusing the petitioner permission under S. 25-O of the Industrial Disputes Act, 1947 (for short called I.D. Act) to close its undertaking Delhi Cloth Mills at Bara Hindu Rao, Delhi with effect from July, 1,1985. The further relief claimed is to declare that the provisions of S. 25-O of the said Act (as inserted by Act 46 of 1982), are ultra vires Arts. 14 and 19(l)(g) of the Constitution of India.

(2.) Petitioner No. 1 is a public limited company incorporated on March 26, 1889 under the name and style of Delhi Cloth and General Mills Co. Ltd. under the provisions of Act 6 of 1882. The name of the said company was changed on Oct. 6 1983 to D.C.M. Ltd. An industrial unit (hereinafter called the Mill) was set up in the year 1889 at the present site at Bara Hindu Rao, Delhi. The undertaking of the Mill comprises of the textile mill with spinning, weaving and processing activities.At present the licensed and installed capacity of the Mill is 943 looms and 49,244 spindles. The Mill has its own coal based power plant which meets part of the Mill's power requirements. For the balance, the Mill is dependent upon the power from the Delhi Electric Supply Undertaking. The Mill complex is located over an area of 24 acres. It has its own separate housing colony for its employees which is located over an area of 39 acres. The total Mill complex area is spreed over an area of about 63 acres. At present, the total number of 6,109 workmen are employed in the Mill.

(3.) We may, at this stage, briefly recall the provisions brought to our notice during hearing to appreciate the correspondence exchanged between the parties and the rival contentions.